RAMADHAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant in this appeal has been sentenced to life imprisonment under Section 302, IPC by the District & Sessions Judge, Chapra in Sessions Trial No. 13 of 1994 by judgment and order dated 29th April, 1994. The appellant is charged of having murdered his wife Pramila Devi at about 7 a.m. on 23.8.1993 by causing stabbing wounds as a result of which she died soon thereafter.

(2.) THE informant in this case is Tilasara Devi P.W. 6 who is no other than Nani mothers mother of the appellant. The another eye -witness is Ram Akhtiyar Singh, P.W. 5 who is the brother of the appellant. Three other eye -witnesses are P.W. 2 Baikunth Singh, P.W. 3 Adalat Singh and P.W. 4 Tukar Singh who are co -villagers and who claimed to have witnessed the occurrence while they were having tea at a tea -stop which is situate at a distance of 15 -20 steps from the Darwaja of the appellant.

(3.) THE occurrence is said to have taken place at about 7 a.m. on 23.8.1993 at village Sadhpur Chhatar within the jurisdiction of police station Daudpur. The fardbeyan was made by Tilasara Devi, P.W. 6, the Nani of the appellant at the place of occurrence itself to the Investigating Officer P.W. 8 who had reached the village on hearing a rumour that a murder had taken place in the village. In her fardbeyan, Tilasara Devi stated that on 22.8.1993 after taking food she had gone to sleep. In the morning at about 7 a.m., she asked Pramila Devi, deceased, wife of the appellant, to lit chulha for preparing food. Pramila Devi (deceased) lit the chulha and put it outside. After some time, her grand on Ramadhar Singh, appellant, herein, came and called for from outside and said that the Chulha has been property lit, and should be taken inside. Hearing this, Pramila Devi, the wife of the appellant went out to bring the Chulha. When she went out, Ramadhar Singh, appellant, took out a churra from his pocket and ran to attach Pramila Devi. With a view to save herself, Pramila Devi ran towards the house of Rameshwar Singh, but Ramadhar Singh, appellant, fell upon her and caught her. Thereafter, he inflicted several churra blows on the chest, stomach, hand and other parts of the body of the deceased. Seeing this occurrence, the informant came raising an alarm and tried to protect Pramila Devi, but the appellant pushed her as a result of which she fell down. Seeing the villagers coming, Ramadhar Singh, appellant, entered the house while throwing away the churra. The villagers also entered the house and tried to catch him, but the appellant jumped from the roof. In that process, he injured his legs and hands and fell down. Several villagers caught hold of the appellant and out of anger, some of them assaulted him also. Soon after Ramadhar Singh was caught by the villagers, Pramila Devi died. The informant stated that Ramadhar Singh was addicted to liquor, Tari, Ganja, Bhang, etc. and for this, frequently he was selling movable and immovable properties which was protested by his wife Pramila Devi. This was the reason why she was murdered by the appellant. She stated that in the course of the occurrence, the respectable persons of the village such as Tukar Singh, P.W. 4, Adalat Singh, P.W. 3, Manan Singh, Prabhu Nath Singh, etc. came and apprehended Ramadhar Singh and caught him near the Darwaja and handed him over to the Investigating Officer when he came. The informant had put her thump impression on the report after she was read over and understood the same in the presence of her grand son Ram Akhtiyar Singh, the brother of the appellant.